Northstar Financial Advisors Inc. v. Schwab Investments et al

Filing 125

ORDER setting deadline for Amended Complaint, Motion to Dismiss and associated briefing schedule. Signed by Judge Lucy H. Koh on 09/10/2010. (lhklc2, COURT STAFF) (Filed on 9/10/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DARRYL P. RAINS (CA SBN 104802) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: 650.494.0792 Email: [e-mail] DOROTHY L. FERNANDEZ (CA SBN 184266) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Email: [e-mail] Attorneys for defendants Schwab Investments and Charles Schwab Investment Management, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

NORTHSTAR FINANCIAL ADVISORS INC. on behalf of itself and all others similarly situated, Plaintiff, v. SCHWAB INVESTMENTS and CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., Defendants.

Case No.

CV-08-4119 LHK (PVT)

CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE AMENDED COMPLAINT AND RESPONSE

Courtroom: 4, 5th Floor Judge: Hon. Lucy H. Koh Date Action Filed: Aug. 23, 2008

STIP. AND [PROPOSED] ORDER RE AMENDED COMPLAINT AND RESPONSE CASE NO. CV-08-4119 LHK (PVT) sf-2891355

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ruling;

WHEREAS, on August 18, 2010, Northstar Financial Advisors, Inc. ("Plaintiff") and Schwab Investments and Charles Schwab Investment Management, Inc. ("Defendants"), filed a Joint Case Management Conference Statement informing the Court that the Ninth Circuit had granted Defendants' interlocutory appeal, reversing and remanding the Court's February 19, 2009 order denying Defendants' motion to dismiss Plaintiff's claim under section 13 of the Investment Company Act of 1940; WHEREAS, Plaintiff has chosen not to seek a rehearing on, or otherwise appeal, the Ninth Circuit's decision; WHEREAS, Plaintiff intends to file an amended complaint in light of the Ninth Circuit's

WHEREAS, the parties have met and conferred and agreed upon a proposed schedule for Plaintiff's filing of an amended complaint and Defendants' response; WHEREAS, this case has been stayed pending a decision on Defendants' interlocutory appeal and this schedule will have no effect on other proceedings in the case and will not change any other Court-ordered deadlines: IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, subject to Court approval, that Plaintiff shall file its Second Amended Complaint on or before September 28, 2010, Defendants' motion to dismiss shall be filed on or before November 10, 2010, Plaintiff's opposition shall be filed on or before December 6, 2010, Defendants' reply shall be filed on or before December 21, 2010, and the hearing on the motion shall be set for January 13, 2011 at 1:30 p.m. /// /// ///

STIP. AND [PROPOSED] ORDER RE AMENDED COMPLAINT AND RESPONSE CASE NO. CV-08-4119 LHK (PVT) sf-2891355

1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO STIPULATED. Dated: September 3, 2010 Darryl P. Rains Dorothy L. Fernandez MORRISON & FOERSTER LLP By: /s/ Dorothy L. Fernandez Dorothy L. Fernandez Attorneys for defendants Schwab Investments and Charles Schwab Investment Management, Inc. Dated: September 3, 2010 WOLF POPPER LLP By: /s/ Robert C. Finkel Robert C. Finkel (admitted pro hac vice)

845 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] Marc J. Gross Nicolas P. Grippo GREENBAUM ROWE SMITH & DAVIS LLP 75 Livingston Street, Suite 301 Roseland, New Jersey 07068 Telephone: [phone] Facsimile: [phone] Co-Lead Counsel for Plaintiff Northstar Financial Advisors, Inc. Joseph J. Tabacco, Jr. Christopher T. Heffelfinger BERMAN DEVALERIO 425 California St., Suite 900 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Liaison Counsel for Plaintiff Northstar Financial Advisors, Inc. IT IS SO ORDERED. Dated: September 10, 2010 HONORABLE LUCY H. KOH UNITED STATES DISTRICT JUDGE
STIP. AND [PROPOSED] ORDER RE AMENDED COMPLAINT AND RESPONSE CASE NO. CV-08-4119 LHK (PVT) sf-2891355

2